Defending Against Human Smuggling Charges in Texas

 Posted on September 10, 2025 in Criminal Defense

Being accused of human smuggling is a serious situation in Texas. The consequences can include prison, steep fines, and even federal charges. If you or a loved one is facing these allegations, an experienced San Antonio, TX human smuggling defense lawyer can explain how the law applies to your case and what you can do to challenge the charges.

How Does Texas Law Define Human Smuggling?

Under Texas Penal Code §20.05, a person commits human smuggling if they knowingly transport, conceal, or harbor an individual with the intent to help them avoid detection by law enforcement. This can include driving someone across county lines, providing a hiding place, or arranging travel.

The penalties can be severe. A standard offense is a third-degree felony, punishable by two to 10 years in prison and up to $10,000 in fines. However, if the person who was smuggled is under 18 or if the smuggling puts someone at risk of serious injury or death, the charge can rise to a second-degree felony, which carries even longer prison terms.

In addition to state law, federal statutes such as 8 U.S.C. §1324 also criminalize bringing in, transporting, or harboring undocumented individuals. This means a Texas case may quickly escalate into federal court, where sentencing guidelines are often harsher.

Common Defense Against Human Smuggling Charges

Every case is unique, and an effective defense strategy depends on the facts that are specific to your situation. However, some defenses commonly raised in Texas human smuggling cases include:

• Lack of intent: The prosecution must prove that you acted knowingly. If you did not realize the person was avoiding immigration laws, you may have a defense.

• Illegal search and seizure: Evidence obtained through unlawful traffic stops, vehicle searches, or home raids may be suppressed under Texas Code of Criminal Procedure Article 38.23, which protects defendants from illegally obtained evidence.

• Mistaken identity: In chaotic border enforcement operations, law enforcement may accuse the wrong individual.

• Duress or coercion: If someone was forced to transport or harbor a person under threat, that may be a valid defense.

How Are Human Smuggling and Human Trafficking Different?

While the terms human smuggling and trafficking are often used interchangeably, Texas law draws clear distinctions. Human smuggling focuses on the movement of people, usually across borders and often with the person’s consent. By contrast, Texas Penal Code §20A.02 defines human trafficking as forcing someone into labor, services, or sex acts through threats or exploitation.

This difference matters. Prosecutors sometimes attempt to stack or upgrade charges, which is why understanding this distinction is an important part of your defense.

Schedule a Consultation With a San Antonio, TX Human Smuggling Defense Attorney

If you have been accused of human smuggling, you need immediate legal support. Texas prosecutors pursue these cases aggressively, and the risk of federal involvement only increases the stakes.

At Law Offices of Sam H. Lock, we understand the complexity of these cases and the fear they create for individuals and families. Attorney Sam H. Lock has represented clients in every type of criminal issue, from the most serious murder trials to the smallest misdemeanors. His blend of deep legal knowledge, proven litigation skills, and personal approach to advocacy has earned him recognition as a Texas Monthly "Rising Star" on multiple occasions and as one of San Antonio’s Best Lawyers by Scene in S.A. Monthly. Call 210-226-0965 today to contact a San Antonio, TX human smuggling defense lawyer and start building your defense strategy.